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(영문) 울산지방법원 2015.07.02 2014구합5464
해임처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 5, 1991, the Plaintiff was newly appointed as a teacher of Chungcheong Women’s Middle School, and was subject to a disposition of dismissal from position at B high school from March 1, 2012 to January 8, 2014, and was issued as Chigh School teacher on March 1, 2014.

1. The Plaintiff made an indecent act or intimidation against students (hereinafter “instant Disciplinary Reason No. 1”) on March 2012, 2012, on April 2012, between September 2012 and September 2012, on May 2012, on June 2012, on June 2012, and on July 2012, and on the filing of a civil complaint against sexual indecent act, the Plaintiff made a intimidation, such as “to reduce the performance evaluation points, to find out the reported students and to lose their lives.”

2. The Plaintiff’s lack of ability to perform his/her duties related to class and evaluation, and the Plaintiff’s 2012-year 2012-year 201-2-year excluding the scores assessed by the Plaintiff as to the performance evaluation scores at the end of the first semester. In the 2013-year 2013-2-year 201, the Plaintiff filed a civil petition with respect to the three items of the Plaintiff’s class hours during which the Plaintiff did not explain during the middle examination, and issued a warning along with the re-examination decision. The parents filed a civil petition against the Plaintiff’s class attitude on September 2013.

On December 7, 2011, the Plaintiff was subject to warning from the head of a school and cancellation of invited teachers due to a group civil petition related to numerical contact and speech, class and evaluation at the time of the employment of D High School, and was transferred on March 1, 2012.

B. On March 26, 2014, the Defendant demanded a disciplinary resolution to the Busan Metropolitan Office of Education Public Officials Disciplinary Committee for Public Educational Officials, on the following grounds. On April 21, 2014, the said Committee decided to dismiss the Plaintiff on the ground that all of the above grounds are recognized. Accordingly, the Defendant dismissed the Plaintiff on May 7, 2014 pursuant to Articles 63 and 78(1)1 of the State Public Officials Act.

(hereinafter “instant disposition”). C.

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